How do an employer handle a custodial elderly worker that has cancer and is very emotional? Is that a liability to the company?

Asked on June 29, 2009 under Employment Labor Law, Mississippi


BP, Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The answer to your question is a bit complicated.  While a custodial position is likely employment at will, meaning that you can terminate their employment at any time, you have to be especially careful in this situation as the employee may be covered by the Americans with Disabilities Act (ADA) and may be eligible to sue for age discrimination as well.  If you do consider to terminate this person, make certain that your reason for doing so is strictly job related and that you document everything.  If you have questions, contact an employment law attorney in your area to discuss the details.  Here is a link to attorneys in your area:

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